Shared Flashcard Set

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various II
final set II
5
Law
Professional
07/23/2009

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Term
AD LAW TEST THAT ESTABLISHES BURDEN OF PROOF
Definition
STRICT SCRUTINY (GOVT) V. RATIONAL BASIS (CITIZEN) CONTESTING GOV ACTION (RULE MAKING OR ADUDICATION)
Term
BASIS FOR JUDICIAL REVIEW OF AGENCY
Definition
CUSA (FOR RULE MAKING) CONSTITUTUONAL VIOLATION; UNLAWFUL PROCEDURE; STATUTORY AUTHORITY EXCEEDED; ARBITRARY AND CAPRICIOUS -- CUSEND FOR ORDERS: add EROONIOUS LEGAL INTERPRETATION; NOT SUPPORTED BY SUBSTANTIAL EVIDENCE; DISQUALIFICATION IMPROPERLY DENIED
Term
QUALIFICATIONS FOR JUDICIAL REVIEW
Definition
SERF: STANDING (AGENCY ACTION WILL INJURE PERSON APPEALING); EXHAUSTION OF ADMIN REMEDIES (EXCEPT CFUN - CON ISSUE; FUTILE OR INADEQUATE; UNREASONABLE DELAYS, NOT REQUIRED) RIPNESS; FINALITY
Term
AD LAW PUNT
Definition
DISCUSS STATE ACTION AND APPLY RATIONAL BASIS SCRUTINY TO A NON SUSPECT CLASS USING EQUAL PROTECTION
Term
AD LAW PUNT
Definition
DISCUSS STATE ACTION AND APPLY RATIONAL BASIS SCRUTINY TO A NON SUSPECT CLASS USING EQUAL PROTECTION
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